62480 - Principles of Law

Course Unit Page

  • Teacher Giammaria Muratori

  • Credits 6

  • SSD IUS/13

  • Language Italian

  • Campus of Forli

  • Degree Programme First cycle degree programme (L) in Intercultural and Linguistic Mediation (cod. 8059)

Academic Year 2021/2022

Learning outcomes

The student - knows the basic elements (terms and concepts) and the most important institutions of public and private law - is able to independently develop further higher level legal-institutional knowledge

Course contents

Introduction to law - What is law and what is it for. - Ordering and juridicality. - The state and its formative elements: people; territory; government. - The Forms of State: federalism and regionalism. - The forms of government. - Beyond the state: supranational and international systems. - The sources of law - Concept of source of law. - The system of sources of law. - Legal reserve and principle of legality. - Characteristics of legal rules; nullity, cancellation and repeal. - Production sources and sources of knowledge, source-norm relationship. - The resolution of the antinomies between the sources: chronological criterion, hierarchical criterion; competence criterion. The interpretation. - The constitutional source: The concept of the Constitution and the Italian Constitution. -The primary sources - Ordinary laws of Parliament. - Acts with the force of law: law decree and legislative decree. - Repeal referendum as a source of law. - The new structure of regional sources. - The secondary sources - Local secondary level sources. - The sources made - International sources and community sources - The parliament - Parliament and the bicameral system; Parliament in joint session; legislative and regulatory power; members and organs of the Chambers, the status of parliamentarian. - Legislative function: ordinary, decentralized, mixed. - The government - The formation of the government. - Trust and distrust, government crises. - Ministerial responsibility. - Primary and secondary regulatory function of the Government. - The president of the Republic - The figure of the President of the Republic; the guarantee function, the President as neutral power. - The election and the presidential term. - The powers of the President. - The powers of control, guarantee, prerogative, influence, political intermediation. - Acts of the President of the Republic: presidential acts deliberated by different bodies, properly presidential acts, presidential acts with complex participation. - The value of the ministerial countersignature. - Responsibility and presidential crimes: the indictment and the judgment of the Constitutional Court. - The judiciary - The autonomy and independence of the judiciary. - The Superior Council of the Judiciary. - The principle of the natural judge. - The special judges. - Judicial proceedings: the rules of fair trial. - Constitutional justice - Composition and powers of the Constitutional Court. - The regions - Local Authoritie- privacy

Readings/Bibliography

Recommended texts:

A. Barbera, C. Fusaro, Corso di diritto costituzionale, Bologna, Il Mulino,

latest edition available

Teaching methods

The course includes, after a first introductory phase of a general nature aimed at learning the tools and methods useful for the study of public law with particular attention to the fundamental principles contained in the Constitution, the examination of the system of sources of law, starting from the constitutional data up to secondary sources, also deepening the international and especially the Community sources which are today decisive for our legal system, in order to study the constitutional bodies and their mutual relations. The lessons will take place with the traditional method of the frontal lesson, but the active participation of students is strongly desired. The oral lesson will also be accompanied by the constant use of slides and by the comment of the most important constitutional and ordinary legislation. The program will be carried out in the teaching hours and accompanied by optional seminars to deepen the various topics. Attendance is not compulsory but strongly recommended for easier passing of the exam.

Assessment methods

For ATTENDING STUDENTS the exam takes place in two different ways (optional): 1. INTERMEDIATE TEST AND FINAL TEST METHOD The student can decide to take an intermediate WRITTEN test which takes place about halfway through the course, a written test at the end of the course and a final oral test. The intermediate tests concern the part of the program carried out up to that moment and the result will be published at the link https://economiaediritto.jimdo.com/risultati-esami-unibo/ The evaluation of the tests will be expressed in thirtieths. Sufficiency equals 18/30. The tests have an evaluative character and are aimed at ascertaining the degree of knowledge of the topics presented during the lessons. The evaluation criteria will give priority to the synthesis, active participation in the lesson and the ability to systematically frame the proposed topic. 2. FINAL EXAM ONLY The student can decide to take only one final oral exam covering the whole program. NON-ATTENDING students For NON ATTENDING STUDENTS the exam consists in passing an oral test without the possibility of an intermediate test.

Teaching tools

During the lessons slides will be projected on the various topics. The slides will then be made available for free and without registering at the link

https://economiaediritto.jimdo.com/slide/


Links to further information

https://economiaediritto.jimdo.com/diritto/

Office hours

See the website of Giammaria Muratori